Hello,
I bought land in the year 2002 -2003 since then under my position, fenced, planted Mango trees and harvesting started since last year. We have all patta pass books and every year pahanies. This year when we approach to get pahanie the VAO refused to give us since succession took place by protected tenant. We are surprised without notification they gave succession. We see the details of case, initially Joint collector denied (we don’t have this report) and remanded back to RDO where RDO gave 38E certificate and MRO mutated in the records based on the legal heirs. The person who was PT (Protected Tenant) died 45 years back without sons no issues. After that no one was in the records since 45 years. Recently two guys claimed that they are deceased person daughters’ sons and claimed that they are legal heirs. We bought land from pattedars who were in position last 20 years. The pattedars bought from Original pattedar. Since then no one claimed as PT in the records. RDO provided 38E based on legal heirs but the deceased person never married as per people of the village but diseased person had extra marital relationship with married woman. We are trying to get the facts of their legality of heirs of deceased person. My questions are;
1. If they are claiming legal heirs, can they be PT though they are not on the records so many years?
2. Can daughter sons are legal heirs as per Hindu law?
3. I don’t think he wrote any will but if they have will they should be in the records. If they show will now, can that be valid?
I'd appreciate if you respond to my questions.
Thanks for your time effort.
-Aravind